Bill Text: NY A05308 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general business law, in relation to requiring persons or entities operating a telecommunications services system, access to which causes the caller to be charged a fee on his or her telephone service bill, to provide notice of the imposition of such fee

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A05308 Detail]

Download: New_York-2009-A05308-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5308
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2009
                                      ___________
       Introduced by M. of A. P. RIVERA, COLTON, ORTIZ -- Multi-Sponsored by --
         M.  of  A. ALFANO, BARRA, BENJAMIN, CANESTRARI, CLARK, DelMONTE, DIAZ,
         FARRELL, GOTTFRIED, JOHN, LIFTON,  MAGEE,  PHEFFER,  ROBINSON,  TITUS,
         TOWNS, WEISENBERG -- read once and referred to the Committee on Corpo-
         rations, Authorities and Commissions
       AN  ACT  to  amend  the  general  business law, in relation to requiring
         persons or entities operating a  telecommunications  services  system,
         access  to  which  causes the caller to be charged a fee on his or her
         telephone service bill, to provide notice of the  imposition  of  such
         fee
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  395-c to read as follows:
    3    S 395-C. NOTICE OF THE IMPOSITION  OF  CHARGES  OR  FEES  FOR  CALLING
    4  CERTAIN  TELEPHONE NUMBERS. 1. EVERY PERSON OR ENTITY OPERATING TELECOM-
    5  MUNICATIONS EQUIPMENT,  OTHER THAN A TELEPHONE CORPORATION AS DEFINED IN
    6  THE PUBLIC SERVICE LAW, ACCESS TO WHICH CAUSES  THE  CALLER  THERETO  TO
    7  INCUR  THE  IMPOSITION OF A CHARGE OR FEE BILLED TO HIS OR HER TELEPHONE
    8  SERVICE PROVIDER BILL, SHALL UPON THE ANSWERING OF SUCH CALL, CAUSE  THE
    9  FOLLOWING MESSAGE OR WORDS TO THE EFFECT OF THE FOLLOWING TO BE PROVIDED
   10  TO  THE  CALLER,  IN  THE LANGUAGE IN WHICH INFORMATION DURING SUCH CALL
   11  WILL BE PROVIDED:
   12    "THE CALL YOU ARE PLACING WILL COST (RATE AT WHICH FEES OR CHARGES ARE
   13  INCURRED). IN ORDER FOR YOU TO RECEIVE THE INFORMATION YOU  ARE  CALLING
   14  FOR, THAT FEE WILL BE CHARGED TO YOUR TELEPHONE BILL. IF YOU DO NOT WANT
   15  TO PAY THIS AMOUNT, PLEASE HANG UP."
   16    2. NO FEE FOR PLACING A CALL TO TELECOMMUNICATIONS EQUIPMENT, OPERATED
   17  AS  PROVIDED  IN SUBDIVISION ONE OF THIS SECTION, SHALL BE IMPOSED UNTIL
   18  TEN SECONDS AFTER THE PROVISION OF NOTICE OF FEES  CHARGED  PURSUANT  TO
   19  SUCH SUBDIVISION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06641-01-9
       A. 5308                             2
    1    3.  ANY  PERSON  OR ENTITY WHO VIOLATES THE PROVISIONS OF THIS SECTION
    2  SHALL, UPON THE FIRST VIOLATION THEREOF, BE LIABLE FOR A CIVIL  FINE  OF
    3  TWO  HUNDRED  FIFTY  DOLLARS  AND, UPON A SECOND OR SUBSEQUENT VIOLATION
    4  THEREOF, BE LIABLE FOR A CIVIL FINE OF FIVE  HUNDRED  DOLLARS  FOR  EACH
    5  SUCH VIOLATION.
    6    S  2.  This  act shall take effect on the thirtieth day after it shall
    7  have become a law.